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Home My WebLink AboutRes 09-35 Authorizing an Agreement with TxDot for Safety Lighting TOWN OF WESTLAKE RESOLUTION NO. 09-35 AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) AS A "BLANKET" AGREEMENT FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING WITHIN THE TOWN OF WESTLAKE; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, Westlake desires to maintain safe pedestrian walkways throughout the town and provide adequate facilities to the traveling public; and, WHEREAS,the Town Council finds that this agreement will benefit all citizcns; and WHEREAS, the Town Council finds that the passage of this Resolutio-.1 is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS® SECTION 1, THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 1. THAT, the Town Council of the Town of Westlake, Texas, hereby approves the agreement with the State of Texas Department of Transportation relating to the construction, maintenance and operation of all safety lighting within the Town of Westlake, attached hereto as E-rhibit "A"; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS 10 DAY OF AUGUST 2009. Laurel Wheat, Mayor ATTEST: ILI k44 S'4'ter, TR'ivlC, Town Secretary AzNomas Bry r, T vra Mger APPRO-\',FD,AS T,101TORM: ��. anton toxyy�, Tows Attorney Texas Department of Transportation I K*M 7-10X�* M a, I a STAN a WHO" smsm� Mr. Thomas E. Brymer Town Manager Town of Westlake — Town Hall 3 Village Circle, Suite# 202 Westlake, TX 76262 N�� Attached • your review and execution are three copies of a "blankef' safety lighting agreement for the construction, maintenance and operation of safety lighting within the Town of Westlake. TxDOT records indicate no previous safety lighting agreements were fully executed in the past. This "blanket" safety agreement will cover currently proposed pedestrian lighting (safety fighting) at I location on FM 1938 at the proposed Pedestrian Tunnel for TxDOT project CSJ4 1978-01-048. A map is attached showing the proposed project location and proposed pedestrian lighting. This agreement will also cover future ocations w ere TxDOT may warrant safety lighting. Please note that the Town of Westlake will not incur any expenses related to the construction, maintenance and operation of these safety lighting systems. In the past, at the municipalities' request, TxDOT has executed separate agreements for each proposed safety lighting location, despite the fact that the municipalities incurred no costs under the terms of these agreements. Using a single "blanket" agreement to cover all such locations will eliminate redundancy in the preparation and execution of these agreements. As other new systems are brought under the "blanket" agreement, a note on the title sheet of the construction plans will indicate this, and the Town of Westlake will have an opportunity to sign the title sheet, acknowledging this fact. TxDOT will execute individual continuous lighting agreements with the Town, since the Town does incur a financial burden for those systems. Safety lighting locations cannot be brought into or converted to continuous systems without the Town's concurrence and approval. An Equal Opportunity Employer UM One copy • the • executed agreement is to • retained for your-.Iffs�-aud-Albe other two are to be returned to this office for further handling. A copy of the • Resolution or official Mnutes, showing authorization of the agreement and designating signatory authority, must also be sent in support of the signed agreements. Your assistance and prompt attention in this matter is appreciated. If you should have any questions concerning this matter, please contact Andrew V. Kissig, P.E. at (817) 370-6599. IMEM and Development • Worth District im http://wAvAv.dfwmaps.coin/print.asp?Layers=oji&SHADECITY=on 6/17/2009 STATE OF TEXAS AGREEMENT FOR CONSTRfCTIOR, ifiAINTEftAiAct AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES (State Maintains and Contracts for Power) (Blanket Agreement) I THIS AGREEMENT, dated this day of 20_, by and between the State of Texas, hereinafter referred to as the "Stateparty of the first part,, acting by and through the Texas Department of Transportation, and the Town of Westlake Tarrant/Dallas Counties, Texas, acting# by and through its duly authorized officers under a resolution or ordinance passed the day of 20—, hereinafter called the "Townparty of the second part. ------------ WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the Town that the State will construct, maintain, and operate said lighting systems, subject to the conditions and provisions stated herein, as provided for in Section 25.11, Texas Administrative Code and Section 220, Texas Transportation Code. NOW THEREFORE, in consideration of the premises and of the mutual covenants and .2greements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Article 1. CONSTRUCTION AND MAINTENANCE RESPORSIBILITIES a. The State will prepare or provide for the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction, and will supervise construction, reconstruction, or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the Town and will secure the Town's consent to construct the lighting system prior to awardin% the contract, said Town consent to be signified by the signatures of duly authorized Town officers in the spaces provided on the title sheet of plans containing the following notation: "Attachment Nis. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES, dated . The Town -State construction, Traffic-Traffic–TEAl 9 Page 1 of 2 Revised 06/24/2009 SAFETY LIGHTING BLANKET (SM,CP) r4,kgreement+1o. maintenance, and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement to which these plans are made a part." All costs of construction, maintenance, and operation of the lighting system will be •,orne by the State, and the lighting system will remain the property of the state. Article 2. GENERAL a. The State's obligation for operation and maintenance of the lighting system shall cease should the route on which it is located be dropped from the State Highway System. b. This Agreement will cease to apply to sections of the lighting system in the event that those sections are removed or become a part of a continuous illumination system. c. This agreement shall remain in force for a period of two years from the date that it is signed by the State, and it is understood by both parties that at the end of the initial two- year period, the Agreement will be automatically renewed for two-year periods thereafter unless modified by mutual agreement of both parties. In the event that the lighting system installed in accordance with this Agreement becomes unnecessary or is removed for any reason, this agreement will terminate. d. Changes in time frame, character, cost, or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. e. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. IN WITNESS WHEREOF, the parties have thereunto affixed their signature, the Town of Westlake on the day of 20—, and the Texas Department of Transportation on the day of THE TOWN OF WESTLAKE Executed on behalf of the Town by: Hy Date Typed or Printed Name and Title M THE STATE OF TE'' Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. I'M M Traffic-Traffic–TEA1 9 Page 2 of 2 Revised 06/24/20r'rr' SAFETY LIGHTING BLANKET